House Bill 544

(As Sent to Governor)

AN ACT TO AMEND CHAPTER 904, LOCAL AND PRIVATE LAWS OF 1998,
AS AMENDED BY CHAPTER 1023, LOCAL AND PRIVATE LAWS OF 1999, TO EXPAND THE
POWERS OF THE TALLAHATCHIE COUNTY CORRECTIONAL AUTHORITY; AND FOR RELATED
PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF MISSISSIPPI:

SECTION
1. Chapter 904, Local and Private
Laws of 1998, as amended by Chapter 1023, Local and Private Laws of 1999, is
amended as follows:

Section 1.
As used in this act, unless the context otherwise requires:

(a)
"American Correctional Association Standards" means standards
promulgated by the American Correctional Association as in effect from time to
time.

(b)
"Authority" means the Tallahatchie County Correctional
Authority.

(c)
"Board of commissioners" means the Board of Commissioners of
the Authority.

(d)
"Board of supervisors" means the board of supervisors of the
county.

(e)
"County" means Tallahatchie County, Mississippi.

(f)
"Equipment" means any personal property which the authority
determines is necessary or helpful for the operation of a facility.

(g)
"Facility" means a jail, prison or other incarceration
facility located in the county which is constructed, acquired or operated
pursuant to this act.

(h)
"Management contract" means a contract between the authority
and a private contractor for the operation and management of a facility by a
private contractor.

(i)
"Private contractor" means a person or legal entity which
leases or subleases a facility from the authority or has entered into a management
contract with the authority pursuant to this act.

(j)
"State" means the State of Mississippi.

Section 2.
(1) There is created in the
county a public body corporate and politic to be known as the
"Tallahatchie Correctional Authority." The authority shall not transact any business or exercise any
powers under this act until the board of supervisors adopts a resolution
finding that it is in the public interest to have the authority exercise the
powers set forth in this act. The
resolution shall designate the manner in which funds of the authority in excess
of amounts needed to pay the authority's operating expenses and debt service
will be applied, provided that none of the excess funds of the authority may
inure to the benefit of any private person.

(2)
Alternatively, the board of supervisors may by resolution designate a
nonprofit corporation incorporated under the general laws of the state to
exercise the powers of the authority set forth in this act, in which event the
board of supervisors may take all actions necessary for the nonprofit
corporation to be treated as acting on behalf of the county under the Internal
Revenue Code. The nonprofit corporation
shall have, in addition to the powers and authority generally exercisable by
nonprofit corporations in the state, all powers and authority granted to the
authority under this act and shall be deemed to be a charitable society, for
purposes of Section 27-31­-1, Mississippi Code of 1972. All provisions of this act applicable to
obligations, agreements, contracts and property of, and purchases by,
contracting with and leasing or conveyance of property to an authority shall be
applicable to obligations, agreements, contracts and property of, and purchases
by, contracting with and leasing or conveyance of property to the nonprofit
corporation.

Section 3.
Nothing in this act shall authorize payment of tax revenues or other
public funds of the county to the authority.

Section 4.
The authority shall exist until dissolved pursuant to a resolution
adopted by the board of supervisors.
Upon dissolution of the authority, title to all property owned by the
authority shall vest in the county.
Dissolution of the authority shall not adversely affect the rights of
any holders of obligations issued by the authority, including, but not limited
to, any bonds, notes or other evidences of indebtedness issued by the authority
or the rights of any parties to contracts with the authority, including, but
not limited to, leases, lease purchase agreements and management contracts
entered into before the date of dissolution of the authority. A dissolution shall not be effective at any
time that any bonds, notes or other evidence of indebtedness of the authority,
including, but not limited to, lease-purchase agreements, shall be outstanding,
except to the extent permitted in the documents executed in connection with the
initial issuance of the bonds, notes or other indebtedness.

Section 5.
(1) All powers of the authority
shall be exercised by its board of commissioners to be composed of five (5)
members, one (1) appointed by the Tallahatchie County Board of Supervisors from
each supervisory district.

(2)
(a) The initial members of the
board shall serve for terms of office as follows:

(i) Two (2) members appointed by the Tallahatchie County Board of
Supervisors shall serve for a term of four (4) years.

(ii) Two (2) members appointed by the Tallahatchie County Board of
Supervisors shall serve for a term of three (3) years.

(iii) One (1) member appointed by the Tallahatchie County Board of
Supervisors shall serve for a term of two (2) years.

The term of each initial appointee shall
begin on the first day of the next month after the date that all initial
appointees have been appointed.

After the expiration of the initial terms,
all subsequent appointments shall be made for terms of five (5) years from the
expiration date of the previous term.
Any vacancy that may occur shall be filled in the same manner as the
original appointment and shall be made for the unexpired term.

(b)
Beginning October 1, 1999, the board of supervisors may authorize, by
resolution duly adopted and spread upon its minutes, up to four (4) additional
members to be appointed to the Tallahatchie County Correctional Authority, if
the board of supervisors determines it is in the best interest of Tallahatchie
County. The four (4) additional members
of the board of commissioners may be appointed as follows:

(i) The board of supervisors may delegate the authority to appoint
two (2) of the additional members of the board of commissioners to two (2)
municipalities which may each appoint one (1) member of the board of
commissioners. However, the
municipalities must be in separate judicial districts in the county, each
municipality must be the municipality that is nearest in proximity to the
correctional facility in a judicial district, and at the time of the
appointment, the correctional facility must be constructed or in the process of
being constructed.

(ii) A supervisor in whose judicial district a correctional facility
is located or in which the greater portion of a correctional facility is
located or in which a correctional facility is in the process of being
constructed may nominate an additional person to become a member of the board
of commissioners. There shall be no
more than one (1) additional member of the board of commissioners per judicial
district whose appointment was based on a supervisor's nomination as provided
in this paragraph.

If the board of supervisors votes to expand
the board of commissioners as provided in this subsection, then all actions
brought before the board of commissioners shall only be undertaken if a
majority of the members of the board of commissioners who are residents of each
judicial district and who are voting on the measure vote in favor of the
action. If a majority of the members of
the board of commissioners who are residents of one (1) of the judicial
districts and who vote on the measure do not vote in favor of a proposed
action, then the action shall not be undertaken. Also, if the board of supervisors votes to expand the board of
commissioners as provided in this subsection, then the five (5) members of the
board of commissioners who are presently serving and their successors shall be
residents of the supervisors district in which the members resided at the time
of their appointment.

The additional members of the board of
commissioners each shall serve for an initial term of three (3) years. After the expiration of the initial term,
all subsequent appointments shall be made for terms of five (5) years. The term of each initial appointee shall
begin on the first day of the next month after the date of his appointment.

(3) The members of the board of commissioners
shall elect annually from among themselves the officers of president, vice
president, secretary and treasurer. The
board of commissioners shall adopt bylaws, rules and regulations as may be
necessary to govern the time, place and manner for holding subsequent meetings
of the board of commissioners and for the conduct of its business consistent
with the provisions of this act. All
meetings of the board of commissioners shall be conducted in accordance with
Section 25-41-1 et seq., Mississippi Code of 1972. Any action taken by the board of commissioners shall be official
at the time the action is taken.
Actions may be taken by the board of commissioners at any regular,
special or recessed meeting.

(4)
The members of the board of commissioners shall serve without
compensation and shall meet at least once quarterly at a time and place
determined by the board of commissioners.
The board of commissioners shall keep minutes of its proceedings as
necessary to carry out its responsibilities.
A quorum of the board of commissioners shall consist of three (3)
members.

(5)
Except as provided in subsection (2) of this section, a board member may
be removed, upon recommendation by a vote of three (3) members of the board of
commissioners and approval by the board of supervisors.

(6) The authority may employ an executive director, technical experts
and other agents and employees, permanent and temporary, as it may require, and
may determine their qualifications, duties and compensation.

Section 6. * * * The
authority shall have all the powers necessary or convenient to effectuate and
carry out the provisions of this act, including the following powers in
addition to others granted in this act:

(a)
To have perpetual succession as a body politic and corporate exercising
essential public functions until dissolved pursuant to Section 4 of this act;

(b)
To sue and be sued in its own name;

(c)
To have an official seal and alter it at will;

(d)
To adopt, appeal and amend bylaws, rules and regulations consistent with
this act, to regulate its affairs and conduct its business;

(e)
To maintain one or more offices at a place or places within the county
as it may designate;

(f)
To make and execute contracts and all other instruments necessary or
convenient for the performance of its duties and the exercise of its powers
under this act;

(g)
To employ architects, engineers, contractors, developers, attorneys,
inspectors, accountants, financial advisors and any other advisors, consultants
and agents as may be necessary, in its judgment, to carry out its powers under
this act, and to fix their compensation;

(h)
To procure insurance against any loss in connection with its property
and other assets, in amounts and from insurers as it may deem advisable, and to
pay premiums on any such insurance;

(i)
To construct, purchase, receive, lease, lease-purchase, or otherwise
acquire, own, hold, improve or use a facility or any item of equipment, and to
enter into agreements relating thereto, including, but not limited to, sale and
issuance of certificates of participation, which may extend for a period of
time, notwithstanding any provision or rule of law to the contrary, and provide
for the consideration and other terms and conditions that are acceptable to the
authority and are not in conflict with the provisions of this act, without
regard to any general laws of the state regulating public purchases and
acquisitions or restricting the time periods of agreements;

(j)
To lease a facility or any item of equipment to a private contractor for
rentals and upon the terms and conditions that are acceptable to the authority
and are not in conflict with the provisions of this act, without regard to any
general laws of the state regulating the disposition or conveyance of an
interest in public property;

(k)
To operate and manage a facility in accordance with the provisions of
this act and to take all actions necessary in connection therewith, or
alternatively to contract with a private contractor to operate and manage a
facility in accordance with the provisions of this act;

(l)
To borrow money and issue its obligations therefor for the purpose of
carrying out its powers under this act, at rates of interest and upon terms and
conditions that are acceptable to the authority and are not in conflict with
the provisions of this act, without regard to any general laws of the state
regulating the borrowing of money or issuance of obligations by public bodies,
provided that any obligations issued by the authority shall be payable solely
out of revenues received by the authority in connection with the operation or
lease of a facility and shall never constitute a debt or obligation of the
county or the state;

(m)
In connection with borrowing money and issuance of obligations as set
forth in the preceding paragraphs (i) and (l), in Section 13 of this act, and
elsewhere in this act, to pledge or assign its property, assets and revenues,
enter into trust indentures, deeds of trust, mortgages and security agreements,
contract for bond insurance and other credit enhancement devices, and to take
any other action and enter into any other agreements as the authority deems
necessary or appropriate, all on terms and conditions that are acceptable to
the authority and are not in conflict with the provisions of this act, without
regard to any provision or rule of law which would otherwise be applicable
thereto; and

(n)
To contract with the United States and its territories or any state or
states or any political subdivision thereof to provide for housing, care and
control in a facility of offenders who are in the custody of the jurisdiction, * * * who do not have
histories of escape, and who are sentenced to terms of incarceration for
conviction of a felony, or who are sentenced to terms of incarceration for a misdemeanor,
provided that the incarceration in the facility for a misdemeanor is consistent
with American Correctional Association Standards relating to the incarceration
of offenders convicted of more serious offenses, to enter into agreements
relating thereto which may extend for time periods that are acceptable to the
parties, notwithstanding any provision or rule of law to the contrary, and to
exercise all powers necessary or desirable in connection with the operation of
a prison or other type of correctional facility, including, but not limited to,
the power to incarcerate offenders described above.

(o)
To contract with the United States and its territories or any state or
states or any agency or political subdivision thereof to provide for housing, care
and control in a facility of juveniles who are found to be delinquent or in
need of supervision, who are in the custody of the jurisdiction and who do not
have histories of escape, to enter into agreements relating thereto which may
extend for time periods that are acceptable to the parties notwithstanding any
provision or rule of law to the contrary, and to exercise all powers necessary
or desirable in connection with the operation of a correctional facility,
including, but not limited to, the power to incarcerate offenders described in
this paragraph. The facility shall be
constructed in accordance with American Correctional Association
Standards. The juvenile offenders who
are housed in the facility shall remain subject to the jurisdiction of the United
States or another state, as applicable.

(p)
To contract with the Department of Corrections or other appropriate
state, federal or local entity for the inspection, monitoring or provision of
any assistance necessary or desirable to maintain suitable, safe and secure
correctional facilities.

* * *

Section 7.
(1) A facility shall be
designed, constructed, operated and maintained in accordance with American
Correctional Association Standards. The
facility shall meet the percentage of standards required for accreditation by
the American Correctional Association, except where a contract with a private
contractor requires compliance with a higher percentage of nonmandatory
standards.

(2)
The facility shall comply with all constitutional standards of the
United States * * *
and with all court orders applicable to the inmates housed in the
facility.

(3)
The Department of Corrections shall place a compliance officer at the
facility. The authority or private
contractor shall provide an on-site work area for the compliance officer and
shall permit access to all areas of the facility and to the offenders and staff
at all times. The authority or private
contractor shall reimburse the Department of Corrections for all costs incurred
for the compliance officer.

Section 8.
(1) A person shall not be
employed as a corrections officer at the facility unless the person has been
trained in the use of force and firearms in accordance with American
Correctional Association Standards. If
a person is employed as a corrections officer by a private contractor that is
operating a facility pursuant to a management contract, the private contractor
shall cause the required training to be provided at its own expense.

(2)
A corrections officer employed at the facility shall not use force or
firearms except while on the grounds of a facility or while transporting
offenders of a facility and then only under the circumstances set forth in
subsections (3) and (4) of this section.

(3)
A corrections officer shall not use force except such nondeadly force as
is reasonably necessary in the following situations:

(a)
To prevent the commission of a felony or misdemeanor, including escape;

(b)
To defend himself or others against physical assault;

(c)
To prevent serious damage to property;

(d)
To enforce facility regulations and orders; and

(e)
To prevent or quell a riot.

(4)
A corrections officer shall not use firearms or other

deadly
force except as a last resort when reasonably necessary to prevent the
commission of a violent felony, to prevent the escape of a convicted felon from
custody, or to defend the officer or any other person from imminent danger of
death or serious bodily injury.

(5)
A private contractor shall have the same standing, authority, rights and
responsibilities as the authority in any agreement, formal or informal, with
local law enforcement agencies concerning the latter's obligations in the event
of a riot, escape or other emergency situation involving the facility. To the extent provided in any management
contract, a private contractor may exercise the powers granted to the authority
under this act.

Section 9.
Any offense which would be a crime if committed within a correctional
institution operated by the state shall be a crime if committed in the
facility.

Section 10. (1) Neither the state nor
the county shall assume jurisdiction or custody of any federal offenders or
offenders from other states who are incarcerated in the facility. The offenders shall remain subject to the
jurisdiction of the United States or another state, as applicable. Neither the state nor the county shall be
liable for loss or injury resulting from the acts of the offenders, nor shall
the state or the county be liable for any injuries to the offenders. The authority or private contractor shall
reimburse the Department of Corrections for any expenses incurred in quelling a
prison riot.

(2)
Neither the state nor the county shall be liable for any actions taken
by the authority or a private contractor in connection with the facility, nor
shall they be liable for any debt incurred or obligations issued by the
authority.

Section 11. (1) The facility shall at
all times be operated and managed by a private contractor pursuant to a
management contract unless the board of commissioners determines that the
operation and management by a private contractor is not feasible or
desirable. The terms and conditions of
a management contract shall be approved by the board of commissioners.

(2)
A management contract may authorize a private contractor to contract on
behalf of the authority for the incarceration of offenders in the facility as
set forth in Section 6(n) of this act and shall grant the private contractor
any other powers that are necessary or convenient for the operation and
management of the facility and are consistent with the provisions of this act,
including, but not limited to, the power to employ personnel who are needed for
the operation and management of a facility and to provide or cause to be
provided the training in the use of force and firearms required by Section 8(1)
of this act. * * *

(3)
A management contract shall provide that any sovereign immunity of the
state, any sovereign immunity of the county, any sovereign immunity of the
municipality or any sovereign immunity of the authority shall not extend to the
private contractor. Neither the private
contractor nor any insurer of the private contractor may plead the defense of
sovereign immunity in any action arising out of or related to the performance
of the management contract.

(4)
A management contract shall provide that the private contractor shall be
responsible for the reimbursement of all costs and expenses incurred by the
state, the county or the authority in connection with legal actions brought in
the state by or on behalf of any offender incarcerated in the facility,
including, but not limited to, court costs, sheriff's fees, witness fees,
district attorney expenses, expenses of the Office of the Attorney General,
indigent or public defender fees and expenses, judicial expenses, court
reporter expenses and damage awards.
The contract shall also provide for the reimbursement of all costs and
expenses incurred by the Department of Corrections for maintaining a compliance
officer at the facility and for all costs and expenses incurred by the
Department of Corrections for aiding in quelling a prison riot.

(5)
A management contract shall provide that the private contractor shall
indemnify and hold harmless the authority, the county and the state, and any
officers, members, employees or agents of the foregoing, for any claim or
liability for damage or injury to any person or property related to or arising
from the operation and management of a facility, including, but not limited to,
liability for loss or injury resulting from the acts of offenders incarcerated
at the facility and liability for any injuries to the offenders.

(6)
A management contract may contain any other provisions the authority
deems necessary or appropriate, including, but not limited to, provisions that
may be necessary to cause the management contract to comply with promulgations
of the Internal Revenue Service applicable to the contract.

Section 12. Neither the state, the county nor the authority, nor any members,
officers, employees or agents of the foregoing, shall be liable for a private
contractor's actions or failure to act while operating and managing a facility
pursuant to a management contract.

Section 13. (1) The authority or the
private contractor shall permit the Investigative Task Force of the Department
of Corrections to have full access to all areas of the facility and to the
offenders and staff. The investigators
may exercise any and all police powers provided under Section 47-5-54,
Mississippi Code of 1972.

(2)
The authority or private contractor shall provide for the issuance of an
immediate warrant through the National Crime Information Center for any
offender who escapes.

(3)
The authority or private contractor shall return any offender released
from the facility to the state from which the offender was sent.

Section 14. (1) The authority may
enter into lease agreements with a person or legal entity pursuant to which the
authority may agree to lease the facility or equipment for use by the authority
for a primary term not to exceed thirty (30) years. All lease agreements may contain terms and conditions as the
Board of Commissioners of the authority shall determine to be appropriate and
in the public interest, including, but not limited to, any provision which a
master lease-purchase agreement may contain pursuant to Section 31-7-10(5),
Mississippi Code of 1972, may provide for the payment of lease payments which
include an interest component computed at a rate or rates as shall be approved
by the board of commissioners, may include an annual allocation dependency
clause, may contain an option granting to the authority the right to purchase
the leased property upon the expiration of the primary term, or upon an earlier
date that may be agreed upon by the parties, at a price as set forth in or
computed in accordance with the lease agreement and may provide that all or any
obligations thereunder are payable from specified revenues pledged as security
therefor.

(2)
The authority may lease publicly owned real property to a person or
legal entity for the purpose of enabling the person or legal entity to
construct a facility on the property and to lease the facility to the
authority. A ground lease shall not be
for a primary term in excess of twice the primary term of the lease with
respect to the facility to be constructed on the real property. Any public body in the state may lease, sell
or otherwise convey property to the authority without consideration or for
consideration as the governing body of the public body shall determine to be
appropriate under the circumstances, and to enter into agreements with the
authority relating thereto, which agreements may extend over any period of
time, notwithstanding any provision or rule of law to the contrary.

(3)
This section shall be full and complete authority for the authorization,
execution and delivery of lease agreements authorized under this act, and none
of the restrictions, requirements, conditions and limitations of the general
law of the state applicable to acquisition, construction and drawing of
buildings or facilities shall apply to lease agreements under this section, and
all powers necessary to carry out the provisions of this section are conferred
upon the authority.

Section 15. All obligations, including, but not limited to, bonds, notes,
lease-purchase agreements and other evidence of indebtedness issued by the
authority pursuant to this act and all interest payable thereunder or with
respect thereto, all leases, trust indentures, deeds of trust, mortgages,
security agreements and other contracts or agreements entered into pursuant to
this act, and all purchases required to construct the facility or to acquire
equipment shall be exempt from all taxation in the state, including, but not limited
to, sales taxes and the contractor's tax imposed by Section 27-65-21,
Mississippi Code of 1972. As provided
by general law applicable to political subdivisions of the state, a facility
and the revenues derived from its operation shall also be exempt from all
taxation in the state, including, but not limited to, all ad valorem taxes
levied by the state or any political subdivision thereof.

Section 16. This act shall be full and complete authority of the exercise of
all powers and authority granted herein and no requirements or restrictions of
law which would otherwise be applicable to acts of the authority shall be
applicable except as expressly provided herein. No debt of the authority shall be considered to be debt of the
county or any other political subdivision of the state for purposes of any
provision or rule of law restricting the amount of indebtedness of the county
or such other political subdivision or for any other purpose under the laws of
the state.

SECTION
2. This act shall take effect and
be in force from and after its passage.